26 Feb 2021
DOUGLAS v POLICE [2021] NZHC 316
- Citation
- [2021] NZHC 316
- Court
- High Court
The District Court erred by failing to impose the mandatory alcohol interlock sentence required by ss 65AB(1)(b)(i) and 65AC(1) of the Land Transport Act 1998 where the evidential breath test exceeded 800 micrograms per litre; the correct remedy is to quash the finite disqualification and substitute an alcohol interlock sentence (28 days disqualification then authorisation to apply for an alcohol interlock licence for a minimum of 12 months and thereafter a zero alcohol licence for three years).